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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 11 : Taxi Sector

Part H : General Provisions

34. Definitions


(1) Unless the context indicates otherwise—


"administrative staff"

are employees who are responsible for general administrative functions including typing, filing, faxing, photocopying, answering the telephone, and receiving visitors;



includes a collective agreement, and any agreement in terms of this determination;


"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act 75 of 1997)



means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act, 1995;



means a person who is under 18 years of age;



means, for the purposes of measuring hours of work, a period of 24 hours, measured from the time when an employee normally commences work;



includes an alleged dispute;



means an employee, other than a chauffeur, who drives a motor vehicle, excluding a bus, and for the purposes of this determination the expression "drives a motor vehicle" includes all periods of driving, any time spent by the driver on work connected with the vehicle or the load and all periods during which the driver is obliged to remain at his or her post in readiness to drive, and "taxi driver" has the same meaning;




(a) any person who is employed mainly or wholly in the taxi sector, who works for another person or for the State and who receives, or is entitled to receive, any remuneration, but excludes an independent contractor; and
(b) any other person who in any manner assists in carrying on or conducting the business of an employer in the taxi sector;


"hours of work"

includes all periods during which the driver of a vehicle or employees accompanying a driver are—

(a) engaged in driving for purposes of transporting passengers;
(b) engaged with other work connected with the vehicle or the load;
(c) obliged to remain at or near their vehicles in readiness to work;


"metered taxi industry"

means the taxi industry where -

(a) fares are dependent on the mileage traveled;
(b) mileage is mechanically recorded by means of a meter;
(c) customers determine the routes and timing of operations;


"night work"

means work performed between 20hOO and 05h00;


"ordinary hours of work"

means the hours of work permitted in terms of clause 11;



means the time that the employee works during a day or in a week in excess of ordinary hours of work;


"paid leave"

means any annual leave, paid sick leave, family responsibility leave or maternity leave that an employee is entitled to in terms of Part E of this determination;


"public holiday"

means any day that is a public holiday in terms of the Public Holiday Act, 1994 (Act No. 36 of 1994);


"rank marshals"

are employees who work at a taxi rank and who manage the allocation of passengers to drivers on a particular route according to an agreed roster;



means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State;


"taxi sector"

means the sector in which employers and employees are associated for the purpose of conveying for reward on any public road any person by means of a self-propelled vehicle intended to carry not more than 35 persons, including the driver simultaneously, and includes all operations incidental thereto or consequent thereon but excludes the metered taxi industry;



means the amount of money paid or payable to an employee in respect of ordinary hours of work or, if they are shorter, the hours an employee normally works in a day or week;



relation to an employee, means the period of seven days within which the working week of that employee falls;



means the employer's premises and any other place where the employee works, such as a taxi rank.


(2) Any expression in this determination, which is defined in the Basic Conditions of Employment Act and is not defined in this clause, has the same meaning as in the Act.